The Dower Act protects a spouse if the couple’s home is owned by the other spouse. It applies to a “homestead” which is a parcel of land where the owner lives or has lived.

The Dower Act became law in Alberta over one hundred years ago. The last substantial reforms were in 1948. The Alberta Law Reform Institute’s (ALRI) research and consultation shows that the Dower Act functions largely as intended, but it is outdated and has not kept up with social or legal realities.

ALRI is reviewing several issues including the exclusion of Adult Interdependent Partners (common-law partners) as well as outdated and unclear language and has published Dower Act: Consent to Disposition, Report for Discussion 36. This report examines the parts of the Dower Act related to a spouse’s right to prevent a “disposition” of the homestead by withholding consent to any sale, lease, mortgage, or other transfer of a homestead.